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(영문) 서울고등법원 2019.07.05 2018나2051233

물품대금

Text

1. Of the judgment of the court of first instance, the part concerning the principal lawsuit shall be modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. 1) Co., Ltd. (hereinafter “C”)

(2) On August 20, 2015, the Defendant: (a) received the first phase of the construction work of the instant resort from C on August 20, 2015; (b) around November 2015, the Defendant: (c) around the first phase of the construction work of the instant resort; and (d) around November 2015, G Co., Ltd (hereinafter “G”) selected the creative products to be constructed in the instant 143 household units among the construction work of the instant 1st phase as “original title”; (c) imported and produced the said 143 household units and the community center (g) and its affiliated facilities (hereinafter “instant construction work”); and (d) designated the Plaintiff as the subcontractor and the Plaintiff directly engaged in the construction work of the said G and H building in the Republic of Korea; and (e) designated the Plaintiff as the 3 billion won for export and import of the said products as the 143 household units and its affiliated facilities, etc.

3) Subsequent to the Plaintiff and the Defendant: (a) KRW 2.980,000,000 (in the absence of a separate indication of value-added tax; hereinafter the same shall apply) that was reduced by KRW 20,000,000 for the price of the instant construction;

A) However, around February 2016, the Plaintiff determined that the instant construction works were supplied by separating the supply parts of goods, such as windows, from the supply parts of goods, and the “construction parts of goods, such as windows,” from the end of February 2016 due to the relationship without a license for a specialized construction business regarding creative construction works. As to the supply portion of goods, the Plaintiff and the Defendant agreed to conclude a separate subcontract agreement between the Plaintiff and the company selected by the Plaintiff regarding the supply of goods at the price of KRW 1.89 billion. The construction parts are deemed to be detailed in the following determination parts.

(4) The Plaintiff and the Defendant around March 2016.